Gauhati High Court
Rupjyoti Buragohain vs The State Of Assam And 5 Ors on 13 August, 2020
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010087072020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2595/2020
1:RUPJYOTI BURAGOHAIN
W/O- LT. ARUP BORA, VILL- UPPER KHATWAL GAON, P.S. DERGAON,
DIST.- GOLAGHAT, PH.- 8749875545
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER
MANAGEMENT DEPTT.
DISPUR
GHY-06
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-06
4:THE DY. COMMISSIONER
KAMRUP (M)
PIN- 781008
5:THE CIRCLE OFFICER
BELTOLA CIRCLE
PIN- 781028
6:THE OFFICER-IN-CHARGE
OF BHARALUMUKH
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GHY-0
Advocate for the Petitioner : MR MINTU SAIKIA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 13-08-2020 Heard Mr. M. Saikia, learned counsel for the writ petitioner. Also heard Mr. R. Borpujari, learned standing counsel, Finance Department as well as Revenue (Relief & Rehabilitation) and Disaster Management Department, Assam appearing for the respondent Nos. 2 and 3. Ms. K. Phukan, learned Govt. Advocate, Assam is present on behalf of the respondent Nos. 1, 4, 5 and 6.
The husband of the petitioner late Arup Bora was killed in a road accident on being knocked down by a vehicle bearing No. AS-01HC-3469 in the Bharalumukh area of Guwahati. The accident took place on a public road. As per the scheme introduced by the Govt. of Assam vide notification dated 15-11-2014, the petitioner being the widow of the deceased, is entitled to ex-gratia compensation of a sum of Rs. 2,00,000/- (Two Lakhs) since her husband was killed in an accident on a public road. As such, the writ petitioner had submitted a representation dated 02-03-2020 addressed to the respondent No. 4 seeking compensation to the extent of Rs. 2,00,000/- (Two Lakhs). Since the said representation had failed to evoke any response, the petitioner has approached this Court by filing the present writ petition. The facts in this case are not in dispute.
Ms. K. Phukan, learned Govt. Advocate has produced a copy of the report dated 12-08-2020 Page No.# 3/3 issued by the Addl. Deputy Commissioner & CEO, District Disaster Management Authority, Kamrup Metropolitan, Guwahati wherefrom, it transpires that the Officer-in-Charge of the Bharalumukh Police Station had made an enquiry and submitted a report as regards the accidental death of the petitioner's husband. As per the report of the police, the petitioner's husband was killed in an accident on a public road. If that be so and in view of the notification dated 15-11-2014, there can be hardly any doubt about the fact that the petitioner's claim has got sufficient merit. The learned departmental counsel have also fairly agreed to the same.
In view of the above and as agreed to by the learned counsel for the parties, I dispose of this writ petition with a direction upon the respondent No. 4 to process the claim of the petitioner in accordance with law and forward the same to the concerned authority in the Revenue (Relief & Rehabilitation) and Disaster Management Department, Assam for making payment of compensation as admissible under the notification dated 15-11-2014. The aforesaid exercise be carried out as expeditiously as possible but not later than 90 days from the date of receipt of a certified copy of this order. The report dated 12-08-2020 be retained in the record of this case. Writ petition stands disposed of accordingly.
JUDGE GS Comparing Assistant